Legal Question in Intellectual Property in California

copyright

how do you find out if there is a copyright on a picture? If the pictures are from the 1930's, 40's, 50's and 60's are they still protected? I don't know where to start. On creating my own design, how do I know if it is already taken? Am I notified?


Asked on 6/03/08, 6:14 pm

1 Answer from Attorneys

Gordon Firemark Law Offices of Gordon P. Firemark

Re: copyright

Start with the assumption that the works ARE covered by copyright.

Copyright Protection for works created before 1978 was obtained by registration of the copyright and/or publication of the work with proper copyright notice.

Since then, however, the requirement of copyright notice has been removed from the law, and registration is also no longer a requirement.

You may wish to pay attention to the "Orphan Works Bill", currently moving through Congress. This bill will make it easier for a person to use an old, abandoned, or "orphaned" work if a good faith, but unsuccessful, effort has been made to locate the owner and obtain permission.

Under modern copyright law, when you create Your own original work, (not based upon or using someone else's as a foundation), you become entitled to copyright protection the moment the work is "fixed" in some tangible medium. Protection lasts for the life of the author, plus 70 years.

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Answered on 6/10/08, 1:07 am


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